True Colors of a Vile Wife

Tag: IPC 498A Quashed

Hon’ble Karnataka High Court held that the Dowry proceedings (u/s 498A IPC) against Mother-in-law are false and motivated, hence quashed same. God know if any sou moto perjury proceedings initiated or not on the false-case filing daughter-in-law!!

In this landmark quash judgment, Hon’ble Apex Court held that IPC 406 and IPC 498A is not made out on the parents of the husband and as such the case on them is quashed.

Highlights

Knife Name: Neetu
Husband Name: Ashutosh Misra

He gave me no money for expenditure. When I left Bijnore he gave me only Rs.1/- only. I did not receive any phone from him till 7th November, 1994.

He told me that he has no time to go to Cell and to bring me to Bijnore.

talk to your father to give you Rs.50,000/- and VCR to bring with you.

If you come here alone with the child, we will give you good beatings.

Almost 2 weeks ago, Hira Lal informed me that my husband took away all my belongings with him at 4 A.M.

she stated that, my father-in-law and sister-in-law clearly warned him that till the time I will not bring Rs.50,000/- cash and V.C.R. they will not keep me.

In the charge-sheet, it has been recorded that despite issue of notice under Section 160 Cr.P.C. to the complainant and her father by the ASI, neither the complainant nor her father turned up to take back her Stridhan , which was alleged to be with the appellants. It has been noted that the complainant does not want to take back her Stridhan.

Law point from Para 10,

It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom,taken at their face value, disclosed the existence of all theingredients constituting the alleged offence. At that stage, thecourt is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has beencommitted and not a ground for convicting the accused hasbeen made out. At that stage, even strong suspicion founded on material which leads the court to form a presumptive opinion as to the existence of the factual ingredientsconstituting the offence alleged would justify the framing of charge against the accused in respect of the commission of that offence.

From Para 19,

Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives.

Another beautiful judgment from High Court of Karnataka in this revision petition on Discharge dismissal.

From Para 10,

I have perused the said statements dated 10.07.2011, namely Sangondeppa Siddappa Hulagabal, the statement Sangondeppa Ningondeppa Lesappagol, Shrishail Basappa Gundagi, Kallappa Beerappa Dafedar, Mallappa Mahadev Baligar, Tammanna Beerappa Jakkannavar and Ningappa Siddappa Layannavar. Looking to all these statement of said witnesses, they are all dated 10.07.2011. Looking to the statement of these witnesses wherein they have stated that it is alleged before them by the complainant and her father that accused Nos.1 to 3 i.e. the husband of the complainant, her father-in-law and her mother-in-law were giving ill-treatment and harassment to her. So in the statement of all these witnesses absolutely there is no reference so far as the present petitioners- accused Nos.4 and 5 stating that they also giving such ill- treatment. The statement of these witnesses completely silent about the involvement of petitioners-accused Nos.4 and 5. Therefore, looking to the statement of these witnesses it clearly goes to show that absolutely there is no allegation and even there is no statement of such witnesses that they were informed by either complainant or her father about the ill-treatment given by the present petitioners herein. When i.e. so it assumes importance whether really the prosecution placed prima facie material so far as the petitioners-accused Nos.4 and 5. Looking to the decisions relied upon by learned counsel appearing for the petitioners which are referred above at Sl.Nos.1 to 4 principles laid down in the said decisions also goes to show that the proceedings against the accused person should not be as an abuse of process of the Court or by making false allegations. But here, it is do doubt true as contended by the learned counsel for the respondent-complainant that in the beginning of the complaint there are some allegation even against petitioners-accused Nos.4 and 5, but the same is not corroborated by the statement of independent witnesses about whose statements I have made the reference. Therefore, reading the entire charge sheet material and the principles in the decisions relied upon by the learned counsel for the petitioners, it goes to show that there is no prima facie material so far as the petitioners-accused Nos.4 and 5 are concerned. The trial court while considering the application seeking discharge from the proceedings ought to have considered these aspects, which is not done by the trial court. The trial court wrongly comes to the conclusion that even there is prima facie case as against petitioners-accused Nos.4 and 5. Therefore, the order passed by the court below suffers from legal infirmity. Therefore, it will not sustain in law.

This is the quash judgment from hon’ble high court of Karnataka, relying on Y Abhraham Ajith case, wherein it was held that when all allegations are stated to have happened at Vellore, Tamilnadu, Indiranagar police doesn’t have jurisdiction to file the FIR in Bengaluru, Karnataka.

High Court of Kerala has held that when the P.W.1 admitted that the accused have not harassed her mentally or physically. Even though she was cross examined after declaring her as hostile, even in the cross examination she deposed that she has no complaint against the accused and the matter has been settled out of court, Court will be justified in exercising the jurisdiction under Section 482 of the Code of Criminal Procedure, in the light of the decision of the Apex Court in Gian Singh v. State of Punjab (2012 (2) KLT 1098 – SC)